An Act to make provision with respect to public finances and other matters

1Short Title

This Act may be cited as the Finance Act (No 2) 1994.

Part 1Miscellaneous provisions

2Foundation for Research, Science, and Technology

[Repealed]

Section 2: repealed, on 1 February 2011, by section 18 of the Research, Science, and Technology Act 2010 (2010 No 131).

3Local Authorities Loans Board: appointment of certain members

(1)For the avoidance of doubt, it is hereby declared that—

(a)no appointment under section 4(1)(d) of the Local Authorities Loans Act 1956 (being an appointment made before the commencement of this Act) of a member of the Local Authorities Loans Board constituted by section 4(1) of that Act (hereafter in this section and section 4 of this Act referred to as the Board) is invalid by reason only that it was made for a fixed term; and

(b)except as provided in subsection (2), the term of every member of the Board appointed for a fixed term before that commencement ended on the expiration of the term.

(2)Every member of the Board holding office under the said section 4(1)(d) immediately before 1 July 1992 shall be deemed to have been appointed for a term expiring with the close of 19 May 1994; and the validity of every action of the Board taken before 20 May 1994 shall be determined accordingly.

4Local Authorities Loans Board: validating certain decisions

(1)Every matter determined by the Board that was, at a time before 1 April 1994,—

by all the persons who were then members of the Board is hereby deemed to have been as validly and effectually determined as if it had been determined at a meeting of the Board duly called and constituted.

(2)For the purposes of subsection (1),—

(a)the signature or assent at any time before 1 April 1988 of any person who was then—

(i)an officer of the same department of State as a person who was then (by virtue of any of paragraphs (a) to (c) of section 4(1) of the Local Authorities Loans Act 1956) a member of the Board; and

(ii)authorised by the member to act in the member’s place in relation to matters coming before the Board,—

is hereby deemed to have been as valid and effectual as if it had been the signature or assent of the member; and

(b)the signature or assent at any time after 31 March 1988 of any person who was then—

(i)an employee of a department of State whose chief executive was then (by virtue of any of the said paragraphs (a) to (c)) a member of the Board; and

(ii)authorised by the member to act in the member’s place in relation to matters coming before the Board,—

is hereby deemed to have been as valid and effectual as if it had been the signature or assent of the member.

(3)For the purposes of subsection (2),—

(a)the fact that at any time before 1 April 1988 any officer of the same department of State as a person who was then (by virtue of any of the said paragraphs (a) to (c)) a member of the Board signed or assented to any decision of the Board in relation to a matter coming before the Board is conclusive proof that the officer was then authorised by the member to act in the member’s place in relation to matters coming before the Board; and

(b)the fact that at any time after 31 March 1988 any employee of a department of State whose chief executive was then (by virtue of any of the said paragraphs (a) to (c)) a member of the Board signed or assented to any decision of the Board in relation to a matter coming before the Board is conclusive proof that the employee was then authorised by the member to act in the member’s place in relation to matters coming before the Board.

5Otago Area Health Board: deeming interest in land to include appurtenant easements

(1)The declaration (published in the Gazette on 24 June 1993 at page 1721) that the land described in subsection (2) vested in the Otago Area Health Board in fee simple for area health board purposes shall have effect, and shall be deemed always to have had effect, as if that land had been described in that declaration as having appurtenant to it the easements specified in subsection (3).

(2)The land referred to in subsection (1) is all that parcel of land containing 1 acre 3 roods 37.6 perches, situated in Block IV, Waikouaiti Survey District, Otago RD and being part Section 15 as delineated on Plan SO 11981, taken for a mental hospital by Proclamation 7227 (Otago Registry).

(3)The easements referred to in subsection (1) are—

(a)the easements, created by the said Proclamation 7227, over the land described in Schedules 2 to 5 of that proclamation; and

(b)the easements, created by the declaration (published in the Gazette on 17 April 1969 at page 750) that the land described in subsection (4) was taken for a mental hospital, over the land described in Schedule 3 of that declaration; and

(c)the easements over the land described in subsection (5) taken by the declaration published in the Gazette on 18 December 1969 at page 2636; and

(d)the easements over the land described in subsection (6) taken by the declaration published in the Gazette on 22 October 1970 at page 1919.

(4)The land referred to in subsection (3)(b) is all that parcel of land containing 35.2 perches, situated in Block III, Waikouaiti Survey District, being part Lots 5 and 6 on Deposited Plan 2084, being part Section 2 as delineated on Plan SO 15930, taken for a mental hospital by Gazette notice 341208 (Otago Registry).

(5)The land referred to in subsection (3)(c) is all that piece of land containing 1 acre 1 rood 0.7 perches, situated in Block XII, Waikouaiti Survey District, Otago RD, being part Sections 67A, 67B, 67C, 67D, 68, 69, and 70; as the same is more particularly delineated on the plan marked M.O.W. 23032 (SO 15929) deposited in the office of the Minister of Works in Wellington, and thereon coloured yellow.

(6)The land referred to in subsection (3)(d) is all that piece of land containing 23.3 perches, situated in Block III, Waikouaiti Survey District, Otago RD, being part Sections 49A and 50; as the same is more particularly delineated on the plan marked M.O.W. 23033 (SO 15930) deposited in the office of the Minister of Works in Wellington, and thereon coloured yellow.

(7)The District Land Registrar of the Otago Land Registration District shall do all things, and make all entries in the registers, necessary to give effect to subsection (1).

Part 2Confirmation and validation of subordinate legislation

[Repealed]

Part 2: repealed, on 19 December 1995, by section 10 of the Subordinate Legislation (Confirmation and Validation) Act 1995 (1995 No 92).

6Order under War Pensions Act 1954

[Repealed]

Section 6: repealed, on 19 December 1995, by section 10 of the Subordinate Legislation (Confirmation and Validation) Act 1995 (1995 No 92).

7Regulations under Social Security Act 1964

[Repealed]

Section 7: repealed, on 19 December 1995, by section 10 of the Subordinate Legislation (Confirmation and Validation) Act 1995 (1995 No 92).

8Orders under Customs Act 1966

[Repealed]

Section 8: repealed, on 19 December 1995, by section 10 of the Subordinate Legislation (Confirmation and Validation) Act 1995 (1995 No 92).

9Regulations under Fisheries Act 1983

[Repealed]

Section 9: repealed, on 19 December 1995, by section 10 of the Subordinate Legislation (Confirmation and Validation) Act 1995 (1995 No 92).

10Orders under Tariff Act 1988

[Repealed]

Section 10: repealed, on 19 December 1995, by section 10 of the Subordinate Legislation (Confirmation and Validation) Act 1995 (1995 No 92).

11Order under Civil Aviation Act 1990

[Repealed]

Section 11: repealed, on 19 December 1995, by section 10 of the Subordinate Legislation (Confirmation and Validation) Act 1995 (1995 No 92).

12Repeals

[Repealed]

Section 12: repealed, on 19 December 1995, by section 10 of the Subordinate Legislation (Confirmation and Validation) Act 1995 (1995 No 92).

Contents

1General

2Status of reprints

3How reprints are prepared

4Changes made under section 17C of the Acts and Regulations Publication Act 1989

5List of amendments incorporated in this reprint (most recent first)

Notes

1General

This is a reprint of the Finance Act (No 2) 1994. The reprint incorporates all the amendments to the Act as at 1 February 2011, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, seehttp://www.pco.parliament.govt.nz/reprints/.

2Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, seehttp://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

•omission of unnecessary referential words (such as “of this section” and “of this Act”)

•typeface and type size (Times Roman, generally in 11.5 point)

•layout of provisions, including:

•indentation

•position of section headings (eg, the number and heading now appear above the section)

•format of definitions (eg, the defined term now appears in bold type, without quotation marks)

•format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

•position of the date of assent (it now appears on the front page of each Act)

•punctuation (eg, colons are not used after definitions)

•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

•case and appearance of letters and words, including:

•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

•small capital letters in section and subsection references are now capital letters

•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

•running heads (the information that appears at the top of each page)

•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).